I would like to join the others in
thanking Argentina for organizing this Open Debate and see it as a sign
of the Security Council’s continued commitment to address the impact and
consequences of armed conflict on civilians. I would also like to thank
the Secretary General and the representatives of OCHA, OHCHR and ICRC
for their insightful briefings. Estonia fully aligns itself with the
statement delivered by the European Union and I would like to make some
additional remarks.

Unfortunately, despite the
Security Council’s focus and recurring debates on this issue, the
reality remains bleak: Civilians continue to account for the vast
majority of causalities in armed conflict, parties to conflict
frequently fail to comply with their obligations under international
humanitarian law to protect civilians, and accountability for these
crimes is to a large degree missing. Estonia reiterates its concern that
women and children are the ones, often most severely affected by
conflict and rape is continuously used as a method of
war.

Humanitarian access is a prerequisite for
humanitarian actors to reach people in need. Unfortunately access is
frequently delayed, impeded or denied. Estonia joins the Secretary
General in his call for consistent engagement also with non-State armed
groups to seek improved compliance with international human rights and
humanitarian law and to gain safe humanitarian access. For example in
Syria, access to people in conflict-affected areas remains severely
hindered by the government as well as by the armed opposition. Estonia
urges all parties to the conflict in Syria to support humanitarian
workers to enable them reach all people in need wherever they are in
Syria.

Not only do States bear the primary
responsibility of ensuring the protection of civilians, it is States
which are principally responsible for investigating and prosecuting
those suspected of having committed serious crimes of international
concern. Unfortunately, national investigations and prosecutions of
atrocity crimes remain rare. It is therefore of utmost importance that
States encourage parties to comply with international humanitarian law
and support and assist states to investigate and prosecute these crimes.
Such support can be provided through helping States adopt the necessary
national legislation for the prosecution of perpetrators of atrocity
crimes. Where States fail to take the necessary steps, the international
community collectively is responsible for ensuring accountability
through international criminal justice mechanisms. Therefore, in
addition to strengthening domestic legislation, States that have not
done so yet should ratify the Rome Statute and cooperate with the
ICC.

Estonia recognizes the important role the
Security Council has played in ensuring accountability at the
international level though its establishment of the ad hoc tribunals.
With these tribunals closing in the near future, the principal mechanism
whereby victims may seek justice from crimes of the most serious nature
is the International Criminal Court (ICC). The establishment of a
permanent international court not only consolidated the international
justice system but has led to some important reforms of judicial systems
and the incorporation of Rome Statute crimes in national legislation.

Estonia encourages the Security Council to play a
more proactive role in ensuring an appropriate international response
when States are unable or unwilling to investigate and prosecute
international crimes, including continued use of its ability to refer
situations to the ICC. The Council has already twice referred situations
to ensure accountability for serious crimes, extending the reach of the
Court. However, a referral alone is not enough to ensure
accountability. The Court lacks its own enforcement mechanisms and in
this regard is fully dependent upon State cooperation. Continued
engagement and support and follow-up by the Security Council that is
both efficient and vigorous is therefore indispensable. Estonia welcomes
the Council’s commitment in the PRST 2013/2 on the Protection of
Civilians to follow up on its decisions regarding international courts
and tribunals as a promising development.

A prime
example of where the Security Council can put its words into action is
Syria, where war crimes, crimes against humanity and gross violations of
human rights have for too long been a daily reality. No convincing
domestic efforts have been made to investigate these crimes or to bring
those responsible to justice. Therefore a referral to justice at the
international level is necessary. Estonia has co-signed the petition
initiated by Switzerland that was sent to the Council in January this
year, requesting it to refer the situation in Syria to the ICC and we
encourage the Council to actively take this into
consideration.

International Commissions of Inquiry
and fact-finding missions are further valuable mechanisms to verify and
investigate allegations of serious violations of international human
rights and humanitarian law. It is important to link the fact-finding
bodies with judicial processes to ensure accountability. Estonia joins
the Secretary General in his call urging Syria to facilitate the work of
the Commission of Inquiry on Syria by allowing access to the
country.

Before concluding, Madam President, allow me
to stress that a greater focus is needed on supporting the victims of
serious crimes. Protection of civilians is a measure to ensure that
innocent people are not subjected to harm but where such protections
fail we must at the very least ensure that ample support is provided.
The Rome Statute’s expansive victim participation and reparations
framework constitutes a milestone in international criminal justice and
the reparations envisioned in the Statute, including through the Trust
Fund for Victims, aim to provide reparations to as wide a group of
affected people and communities as possible. Successful investigations
and prosecutions assist in restoring dignity to victims by acknowledging
their suffering and help to create a historical record that protects
against those who will seek to deny that atrocities occurred.